Section 75-04-01-28 - Group home location1. Group home facilities shall be located at least three hundred feet [91.44 meters] from hazardous areas, including bulk fuel or chemical storage, anhydrous ammonia facilities, or other fire hazards or sources of noxious or odoriferous emissions. 2. Group home facilities shall not be located in areas subject to adverse environmental conditions, including mud slides, harmful air pollution, smoke or dust, sewage hazards, rodent or vermin infestations, excessive noise, vibrations, or vehicular traffic. 3. Group home facilities shall not be located in an area within the one-hundred-year base flood elevations unless: a. The facility is covered by flood insurance as required by 42 U.S.C. 4101; or b. The finished lowest floor elevation is above the one-hundred-year base flood elevation and the facility is free from significant adverse effects of the velocity of moving water or by wave impact during the one-hundred-year flood. 4. Group home facilities shall be located in residential neighborhoods reasonably accessible to shops, commercial facilities, and other community facilities; and shall be located not less than six hundred feet [182.88 meters] from existing group homes or day service facilities licensed by the department to serve individuals with developmental disabilities, schools for the disabled, long-term care facilities, or other institutional facilities. Upon written application, and good cause shown, the department may grant a variance from the provisions of this subsection upon terms the department may prescribe. N.D. Admin Code 75-04-01-28
Effective June 1, 1986; amended effective December 1, 1995.General Authority: NDCC 25-16-06, 50-06-16
Law Implemented: NDCC 25-16-03